Flaviense Stucco & Plastering Inc. v. Tamburini, 2000 CanLII 1851
1133-00-ES Flaviense Stucco & Plastering Inc., Applicant v. Brian Tamburini, Eddy Guerrero, Barbara Uysal, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 43002643
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; December 11, 2000
[1]. This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c.E‑14, as amended, (the "Act"), for review of Order to Pay No. 54223 issued by an Employment Standards Officer. The applicant (employer) and Brian Tamburini and Eddy Guerrero (the employees directly affected by the order to pay) entered into Minutes of Settlement dated December 7, 2000. Those Minutes of Settlement provide:
O.L.R.B. File No: 1133-00-ES
E.P.B. File No: 43002643
In the matter of an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c.E.14, as amended
Between:
Flaviense Stucco & Plastering Inc.
(the Employer)
‑ and ‑
Brian Tamburini and Eddy Guerrero
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 54223 dated May 23, 2000. In order to resolve this matter, the Employer and Employee agree to request that the Ministry of Labour disburse the funds paid to the "Director in trust" as follows:
(i) to be paid to the Employer $2,356.00
to be paid to the Employee
Brian Tamburini $ 200.00
Eddy Guerrero $ 200.00
to be retained by the Government $ 275.60
of Ontario Consolidated Revenue Fund
total amount held by the Director $3,031.60
(ii) interest earned on the moneys held in trust in
this matter is to be paid to the above parties in
proportion to the amounts paid out.
As this settlement disposes of all issues in dispute, the parties agree that this application is terminated in accordance with subsection 69.1(5) of the Act.
Receipt of these Minutes of Settlement by the Ministry of Labour constitutes a Direction to the Ministry to pay out the money in trust in accordance with the terms of this agreement.
Signed at Toronto this 7th day of December 2000.
"Joseph R. Young" "Eddy Guerrero" “Brian Tamburini”
Employer Employee Employee
Solicitor for Flaviense
Stucco & Plastering Inc.
For the Ministry of Labour
(where applicable)
[2]. The Ministry of Labour, although a party to these proceedings, is not a signatory to this settlement. Should the Ministry of Labour have any objection to the settlement or to the Board making an order directing the Ministry of Labour to disburse the funds in accordance with the Minutes of Settlement set out above, it must deliver its written objection to the Registrar of the Board within 10 working days of the date of this decision. Should no written objection be delivered on or before that date, the Board deems the Ministry of Labour on its own behalf and on behalf of the Employment Standards Officer who issued the order to pay to have consented to the aforesaid Minutes of Settlement.
Disposition
[3]. Having regard to the Minutes of Settlement, the Board hereby orders that the total of $3,031.60 held in trust by the Director be disbursed as follows as soon as practicable after the expiry of the 10 working day period referred to above unless an objection is delivered to the Registrar on or before December 28, 2000:
(i) paid to the Employer $2,356.00
paid to: Brian Tamburini $ 200.00
Eddy Guerrero $ 200.00
$ 400.00
to be retained by the Government of $ 275.60
Ontario Consolidated Revenue Fund
(ii) interest earned on the moneys held in trust in this
matter is to be paid to the above parties in proportion
to the amounts paid out.
[4]. Pursuant to section 69.1(5) of the Act, this application is terminated.
“Harry Freedman”
for the Board